Green Pass in the workplaces: the Decree Law is in force. Decree Law No. 127 of September 21, 2021, that introduces, from October 15, 2021, through December 31, 2021, the obligation to possess and exhibit, upon request, the Covid-19 Green Certification to access to the workplaces comes into force. Focus:Our regular HR Virtual Breakfast focused ....
Read moreAlberto De Luca speaker at the webinar “Best practices in UTP and Distressed M&A transactions” organised by Convenia next 30 September to examine new regulations and best practices. Management of employment for companies in a crisis: risks and opportunities Alberto De Luca’s talk will focus on employment law aspects tied to the circulatory events of ....
Read moreThe Court of Cassation, with order no. 23418 of 25 August 2021, returned to deal with the subject of requirements for validity of non-competition agreements. The Court’s ruling is based on appeal lodged by a bank manager who (among other claims submitted) had challenged a signed non-competition agreement, considering it vitiated, since the payment was ....
Read moreDe Luca & Partners managing partner Vittorio De Luca, discusses the legislative measures that introduced the ban, initially generalised and later sectorial, of dismissals for economic reasons. The government has reached an agreement with the social partners on the dismissal prohibition, what is your take on it? “The agreement includes a “commitment” to use all existing ....
Read moreIn a ruling dated 8 July 2021, the Court of Trento, upheld a disciplinary dismissal (for just cause) imposed on a teacher who repeatedly refused to wear a protective mask while working at school. In this case, the teacher, employed by the Autonomous Province of Trento, refused to comply with an order issued by the ....
Read moreThe Court of Justice of the European Union looked at the delicate issue of using religious symbols in the workplace under a ruling published on 15 July 2021, in Joined Cases C-804/18 and C-341/19. According to the Court, the prohibition of wearing any visible form of expression of political, philosophical or religious beliefs in the ....
Read moreDecree Law No. 127 of September 21, 2021 (hereinafter, “Decree“), in force since September 22, has introduced the COVID-19 Green Certification obligation (hereinafter, “Green pass”) to all workers in the public and private sectors. In particular, from October 15, 2021, through December 31, 2021 (the current end of the “state of emergency”), “anyone carrying out ....
Read moreIn judgment no. 20819 of 21 July 2021, the Joint Sections of the Italian Court of Cassation in confirming the decision on the merits, ruled that the clause attached to the airline cabin crew employment contract (entitled “Termination of contract”), which was the subject of the trade union’s action, is discriminatory. The clause in question ....
Read moreWith note no. 1363 of 14 September 2021, the National Labour Inspectorate (“INL”) provided some clarifications concerning the amendments made by Decree Law no. 73/2021 ( “Decreto Sostegni bis“) to the regulation of the reasons for fixed-term contracts. New reason The “Decreto Sostegni bis“, as converted by Law no. 106/2021, supplemented the rules set out ....
Read moreThe Court of Venezia, in its ruling no. 494/2021, stated that a company that suffered a cyber-attack and was forced to pay a ransom to recover stolen data can fire an employee who has repeatedly surfed on unsafe sites for private purposes and put internal security at risk. Facts of the case The worker employed ....
Read moreThe Supreme Court of Cassation, in its Order no. 21172/2021, established that a director’s waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention to waive the relevant right. However, the waiving act must be inferred not from the mere failure to request compensation, whatever the reasons, but from external ....
Read moreThe Court of Cassation, with its ruling no. 24478 of 10 September 2021, declared the stability agreement attached to the agency contract null and void for evasion. The agreement required an excessively onerous penalty for breaches. This significantly affects and restricts the right of withdrawal of one of the parties. Facts of the case The ....
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Vittorio De Luca frequently deals with restructurings, issues related to top managers and employment law aspects of private equity transactions. He is also adept at representing clients in litigation proceedings for unfair dismissal. Alberto De Luca is adept at handling reorganising operations and cross-border due diligence in the context of restructuring and private equity transactions. His client ….
One client describes the lawyers in the team as “well prepared, fast in providing answers, fair and always available for any urgent or sudden necessity.” “The cooperation is smooth and efficient,” reports another interviewee, adding: “Enquiries are promptly answered and tailored to the needs of the client.”
De Luca & Partners, which is exclusively dedicated to employment law, focuses on assisting companies and top executives with their day-to-day employment law issues and relations with trade unions, as well as restructurings, disputes and M&A-related matters.
Practice head Vittorio De Luca has expertise in advising corporates and private equity funds on international M&A and restructurings.
Alberto De Luca frequently advises clients on reorganising operations and cross-border due diligence in the context of restructuring and private equity transactions. His clients include domestic pharmaceutical and energy companies.
Sources attest that Vittorio De Luca is “always able to put himself in the position of the customer in order to fully understand the context.” Aside from advising on employment aspects of transactions, he has notable experience in negotiations with trade unions, damages claims and internal investigations.
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